UPTETSARKARI NAUKRI News - Petitioner not holding TET Qualification Get Relaxation and clause 4 of TET is quashed in impugned guidelines dated 08.01.2010 of the Ministry of Human Resource Development,,-

W.P.(C) No.189 /2016 Page 1 of 4$~26* IN THE HIGH COURT OF DELHI AT NEW DELHI+ W.P.(C).189/2016% Judgment dated 11th January, 2016NEELAM ..... PetitionerThrough : Mr. Ashok Agarwal with Mr. AnujAgarwal, AdvocatesversusGOVT. OF NCT OF DELHI & ORS. ..... RespondentsThrough : Mr. Anuj Aggarwal with Ms. Niti Jain,Advocates for respondents no.1 and 2.Mrs. Bharathi Raju, CGSC for respondentno.4/UOI.Mr. Amit Bansal with Ms. Seema Dolo &Mr. Akhil Kulshrestha, Advocates forrespondent no.5.CORAM:HON'BLE MR. JUSTICE G.S.SISTANIHON'BLE MS. JUSTICE SANGITA DHINGRA SEHGALG.S.SISTANI, J (ORAL)1. Challenge in this writ petition is to the order dated 12.02.2015 passed bythe Central Administrative Tribunal(hereinafter referred to for short as „theTribunal‟) by which the Tribunal while setting aside Clause 4 of theGuidelines dated 08.11.2010 declined to allow other reliefs as sought bythe petitioner in the OA filed before the Tribunal.2. The necessary facts to be noticed are that the respondents had issued anAdvertisement no.01/13(Post Code 01/13) for the post of Special EducationTeacher under Directorate of Education, Government of NCT of Delhi. Inresponse to the aforesaid advertisement, the petitioner applied for the postof Special Education Teacher under the Directorate of Education. It is thecase of the petitioner that at the time of submission of the form, though her W.P.(C) No.189 /2016 Page 2 of 4result for the previous Central Teacher Eligibility Test(CTET) examinationwas awaited, but being of the view that the petitioner would be able to clearthe same, she marked herself as „CTET-qualified‟ in the form. However,on receiving her CTET result later on, she came to know that she had notbeen able to clear the CTET Exam and missed the qualifying mark by afew points.3. The petitioner was issued an admit card for the exam for the Post Code01/13 and she appeared in the exam held on 28.04.2013. It is the case ofthe petitioner that as the petitioner apprehended that her candidature will berejected inasmuch as she was not CTET qualified at that point of time, shemade a representation to the respondents no.1, 3 and 4 requesting them thatthe petitioner may be granted two year‟s time for acquiring CTETqualification and, in the meanwhile, she may be considered for recruitmentto the post of Special Education Teacher in terms of the advertisementno.01/13. However, no response to the aforesaid representation wasreceived by the petitioner.4. Thereafter, the petitioner approached the Central Administrative Tribunalseeking the following prayers:“(i) Issue an appropriate order or direction thereby quashing theclause 4 of the impugned guidelines dated 08.01.2010 of theMinistry of Human Resource Development, respondentno.4, whereby the said respondent no.4 in clause 4 thereofhas provided that the conditions of passing TET shall not berelaxed by the Central Government, being arbitrary,discriminatory, illegal, unconstitutional and violative of Art.14,15,16,21 and 21-A of the Constitution of India andcontrary to the provisions of RTE Act, 2009 against PublicInterest and opposed to public policy.(ii) Issue an appropriate order or direction thereby directing therespondents no.1 and 2 to take up the matter with theCentral Government for grant of relaxation in the matter ofCTET qualification to the applicant for a period of 2 yearsin terms of Section 23(2) of the RTE Act, 2009.W.P.(C) No.189 /2016 Page 3 of 4(iii) Issue an appropriate order or direction thereby directing therespondent no.4/Central Government to consider the case ofthe applicant for grant of relaxation in the qualification ofCTET upto March 31,2015.(iv) Issue an appropriate order or direction thereby directing therespondent no.3/DSSSB not to reject the candidature of theapplicant on the ground of non-qualification of CTET untilthe disposal of the applicant‟s representation by therespondents.”5. The Tribunal has allowed the OA filed by the petitioners and quashedClause 4 of the Guidelines dated 08.11.2010. While disposing of the OA,the following directions have been issued:“In view of the aforementioned, we set aside Clause 4 of theimpugned guidelines issued vide No.1-15/2010-EE-4 dated08.11.2010(Annexure A/1). It would be open to the respondentsto take up the matter for exercise of the powers conferred uponthe Central Government under Section 23(2) of the Right ofChildren to Free and Compulsory Education Act, 2009, as perprocedure laid down in the aforementioned guidelines. The OAstands disposed of.”6. Counsel for the petitioner submits that, at this stage, the petitioner would besatisfied if a time limit is fixed to enable the respondents to consider thecase of the petitioner under Section 23(2) of the Right of Children to Freeand Compulsory Education Act, 2009, as per procedure laid down in theGuidelines.7. Counsel for the respondents enter appearance on an advance copy.8. We find the prayer of the counsel for the petitioner to be fair and just.Accordingly, we direct the respondents no.1 and 2 to comply with the orderdated 12.02.2015. We also direct the respondents no.1 and 2 to considerthe case of the petitioner within a period of eight weeks from the date ofreceipt of this order in accordance with law. This order is withoutprejudice to the rights and contentions of the parties. W.P.(C) No.189 /2016 Page 4 of 49. The petition stands disposed of.10. CM.APPL 762/2016 also stands disposed of.11. Dasti to the parties under the signature of Court Master.G.S.SISTANI, J SANGITA DHINGRA SEHGAL, JJANUARY 11, 2016pstUPTET / टीईटी / TET - Teacher EligibilityTest Updates / Teacher Recruitment / शिक्षक भर्ती / SARKARI NAUKRI NEWS UP-TET 2011, 72825 Teacher Recruitment,Teacher Eligibility Test (TET), 72825 teacher vacancy in up latest news join blog , UPTET , SARKARI NAUKRI NEWS, SARKARI NAUKRI
Read more: http://naukri-recruitment-result.blogspot.comhttp://joinuptet.blogspot.comShiksha Mitra | Shiksha Mitra Latest News | UPTET 72825 Latest Breaking News Appointment / Joining Letter | Join UPTETUptet | Uptet news | 72825 Primary Teacher Recruitment Uptet Latest News | 72825 Teacher Recruitment Uptet Breaking News | 72825 Primary Teacher Recruitment Uptet Fastest News | Uptet Result 2014 | Only4uptet | 72825 Teacher Recruitment Uptet News Hindi | 72825 Teacher Recruitment Uptet Merit cutoff/counseling Rank District-wise Final List / th Counseling Supreme Court Order Teacher Recruitment / UPTET 72825 Appointment Letter on 19 January 2015A | 29334 Junior High School Science Math Teacher Recruitment,